Entire Section
Approval of a Prospectus
MKT 6.3.2 MKT 6.3.2
(1) TheDFSA will approve aFund Prospectus which has been filed with theDFSA in accordance with Rule 6.3.1 as soon as reasonably practicable where it is satisfied that theProspectus complies with all the requirements applicable to thatProspectus .(2) AFund Prospectus is not anApproved Prospectus for the purposes of Article 14(2) of the Law unless theDFSA has issued to the applicant a notice stating its approval:(a) of theProspectus orSupplementary Prospectus , as the case may be; and(b) in the case of a,Prospectus in (a) comprising multiple documents, of all the multiple documents.(3) The procedures in Schedule 3 to the Regulatory Law apply to a decision of theDFSA under this Rule not to approve aFund Prospectus .(4) If theDFSA decides to exercise its power not to approve aFund Prospectus under this Rule, the applicant may refer the matter to theFMT for review.Derived from RM81/2011 (Made 30th November 2011). [VER1/11-11]
[Amended] DFSA RM134/2014 (Made 21st August 2014). [VER5/06-14]MKT 6.3.2 Guidance
1. APerson intending to apply to theDFSA for approval of aFund Prospectus pursuant to Rule 6.3.1 should consider submitting a draftProspectus for preliminary review by theDFSA prior to formally submitting theProspectus forDFSA approval. See the RPP Sourcebook for procedures for applying forDFSA approval.2. The approval of aFund Prospectus by theDFSA will not prevent the use by theDFSA of its powers, such as the stop order power in Article 25 of the Law, in circumstances where the need for such action is subsequently identified. For example, if theDFSA becomes aware, after the approval of theFund Prospectus , that it contains any misleading or deceptive information, or it breaches theProspectus provisions in other respects, theDFSA may use its stop order power or take any other action as appropriate in the circumstances.Derived from RM81/2011 (Made 30th November 2011). [VER1/11-11]MKT 6.3.3
(1) For the purposes of MKT Rule 6.3.1(b)(ii), the offer document relating to theForeign Fund must comply with the requirements:(a) relating to aDesignated Fund in aRecognised Jurisdiction ; or(b) in a jurisdiction which provides a level of regulation relating to the offer which is acceptable to theDFSA .(2) TheDFSA may accept an offer document referred to in (1)(b) subject to such conditions or restrictions imposed by theDFSA as it sees fit.(3) Where an offer document referred to in (1) relates to a Security Token it must also contain additional information equivalent to that specified in MKT App 7.(4) Where the offer document referred to in (1) is not in the English language, it must be accompanied by an English translation acceptable to theDFSA .(5) The procedures in Schedule 3 to the Regulatory Law apply to a decision of theDFSA under this Rule to impose conditions or restrictions.(6) If theDFSA decides to exercise its power under this Rule to impose conditions or restrictions, the applicant may refer the matter to theFMT for review.Derived from RM81/2011 (Made 30th November 2011). [VER1/11-11]
[Amended] DFSA RM134/2014 (Made 21st August 2014). [VER5/06-14]
[Amended] DFSA RMI313/2021 (Made 30th June 2021). [VER18/10-21]